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Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov,com
File ID: 04-00613
Enactment #: R-04-0399
Version: 1
Type: Resolution
Introduced: 5/25/04
Status: Passed
Enactment Date: 6/24/04
Controlling Body: City Commission
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING
THAT THE ACQUISITION OF THE FEE -SIMPLE INTEREST IN PARCELS 67, 75, 76, 77 AND 92
THROUGH NEGOTIATED CONVEYANCE OR CONDEMNATION SERVES A PUBLIC PURPOSE
AND IS NECESSARY FOR THE CONSTRUCTION OF THE CULTURAL AND RECREATIONAL
COMPONENT OF THE LITTLE HAITI PARK PROJECT; DIRECTING THE CITY ATTORNEY TO
USE ALL RESOURCES AVAILABLE IN THE OFFICE OF THE CITY ATTORNEY INCLUDING
THE RETENTION OF SPECIAL COUNSEL, EXPERT WITNESSES AND CONSULTANTS; AND
TO TAKE FURTHER ACTIONS THAT ARE REASONABLY NECESSARY TO ACQUIRE SAID
PARCELS THROUGH CONDEMNATION; AUTHORIZING THE RETENTION OF SPECIAL
COUNSEL, TO RENDER LEGAL SERVICES RELATED TO SAID PROPERTY ACQUISITION IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000,00) PLUS
COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENTS PROJECT ACCOUNT CODE NO. 331412,819307.6270.
WHEREAS, the City of Miami ("City") is a municipality organized and existing under the laws of the State of Florida;
and
WHEREAS, eminent domain is the fundamental power of the sovereign to take private property for a public use; and
WHEREAS, the power of eminent domain has been delegated by the Florida Legislature to the City of Miami and other
agencies of government and implemented by legislative enactment; and
WHEREAS, the taking of real property designated as Parcels 67, 75, 76, 77 and 92, as more particularly described in
"Exhibit A" attached hereto, and incorporated herein, is for the purpose of constructing the cultural component of a public
park; and ,
WHEREAS, § 166.411(4), Florida Statutes (2003), authorizes the taking of property by a municipality to create public
parks, public squares and public grounds; and
WHEREAS, §166.411(1), Florida Statutes (2003), authorizes the taking of property by a municipality for good reason in
connection with the public welfare or the interest of the municipality and the people thereof; and
WHEREAS, the use of the parcels as described in "Exhibit A" for the cultural and recreational component of the Little
Haiti Park is consistent with the Zoning Code and the Comprehensive Plan of the City; and
City of Miami Page 1 Printed on 7/27/2006